Records show that a Columbus man suspected in the deaths of two men found in a burning car was on probation at the time of the killings.

Prosecutors had asked in July that Nicholas Roseberry be released as part of an agreement to testify in an upcoming murder trial despite a judge’s wishes to send Roseberry to prison for several low-level crimes.

Franklin County Judge Mark Serrott told Roseberry at sentencing he didn’t think he’d make it on probation.

The 29-year-old Roseberry has been charged with two counts of murder in the deaths of the men last week.

Defense attorney Christopher Brown tells the paper he’s surprised by the murder charges, saying he wouldn’t have suspected such accusations against Roseberry.